Legal Opinion · Dissent

Hall v. United States

Supreme Court of the United States

Decided May 14, 2012No. 10-875Published

1Dissent

Justice Breyer,

with whom Justice Kennedy, Justice Ginsburg, and Justice Kagan join, dissenting.

Chapter 12 of the Bankruptcy Code helps family farmers in economic difficulty reorganize their debts without losing their farms. Consistent with the chapter’s purposes, Congress amended § 1222(a) of the Code (hereinafter Amendment) to enable the debtor to treat certain capital gains tax claims as ordinary unsecured claims. 11 U. S. C. § 1222(a) (2)(A). The Court’s holding prevents the Amendment from carrying out this basic objective. I would read the statute differently, interpreting it in a way…

2Cases cited8 opinions

  1. United States v. NolandSupreme Court of the United States · 1996
  2. Holywell Corp. v. SmithSupreme Court of the United States · 1992
  3. Matter of Lumara Foods of America, Inc.United States Bankruptcy Court, N.D. Ohio · 1985
  4. In Re GyulafiaUnited States Bankruptcy Court, D. Kansas · 1986
  5. In Re Hillsborough Holdings Corp.United States Bankruptcy Court, M.D. Florida · 1993

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